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PLAINS CO-OP. v. BOARD OF CTY. COM'RS

No. 08CA2093.

226 P.3d 1189 (2009)

PLAINS COOPERATIVE TELEPHONE ASSOCIATION, INC., a Colorado corporation, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF WASHINGTON, Defendant-Appellant.

Colorado Court of Appeals, Div. VII.

September 3, 2009.

Attorney(s) appearing for the Case

Edward L. Zorn, P.C., Edward L. Zorn, Fort Morgan, CO, for Plaintiff-Appellee.

Rothgerber Johnson & Lyons, LLP, Edward A. Gleason, Colorado Springs, CO, for Defendant-Appellant.

Guillory & Hjort, PLLC, Barry L. Hjort, Rapid City, SD, for Amicus Curiae Colorado Telecommunications Association.

Stoel Rives, LLP, Thomas W. Snyder, Denver, CO; Mesach Y. Rhoades, Denver, CO, for Amicus Curiae Qwest Corporation.

Opinion by Judge CONNELLY.

A Colorado statute strictly limits what counties may charge telecommunications providers for roadwork permits to run cable lines under public roads. Counties may impose only a "construction permit fee," which must be "reasonably related to the costs directly incurred by the [county] in providing services relating to the granting or administration of permits." § 38-5.5-107(1)(a)(II), (1)(b), C.R.S.2008.

Plaintiff, Plains Cooperative...

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